43 C.F.R. § 45.2
What terms are used in this part?
Cite as 43 C.F.R. § 45.2 (2026)
As used in this part:
ALJ
means an administrative law judge appointed under 5 U.S.C. 3105 and assigned to preside over the hearing process under subpart B of this part.
Alternative
means a condition or prescription that a license party other than a bureau or Department develops as an alternative to a preliminary condition or prescription from a bureau or Department, under FPA sec. 33, 16 U.S.C. 823d.
Bureau
means any of the following organizations within DOI that develops a preliminary condition or prescription: The Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, Fish and Wildlife Service, or National Park Service.
Condition
means a condition under FPA sec. 4(e), 16 U.S.C. 797(e), for the adequate protection and utilization of a reservation.
Day
means a calendar day.
Department
means the Department of Agriculture, Department of Commerce, or Department of the Interior.
Discovery
means a prehearing process for obtaining facts or information to assist a party in preparing or presenting its case.
DOI
means the Department of the Interior, including any bureau, unit, or office of the Department, whether in Washington, DC, or in the field.
Ex parte communication
means an oral or written communication to the ALJ that is made without providing all parties reasonable notice and an opportunity to participate.
FERC
means the Federal Energy Regulatory Commission.
FPA
means the Federal Power Act, 16 U.S.C. 791
et seq.
Hearings Division
means the Departmental Cases Hearings Division, Office of Hearings and Appeals, Department of the Interior, 301 South West Temple Street, Suite 6.300, Salt Lake City, UT 84101, telephone 801-524-5344, facsimile number 801-524-5539.
Intervention
means a process by which a person who did not request a hearing under § 45.21 can participate as a party to the hearing under § 45.22.
License party
means a party to the license proceeding, as that term is defined at 18 CFR 385.102(c).
License proceeding
means a proceeding before FERC for issuance of a license for a hydroelectric facility under 18 CFR part 4 or 5.
Material fact
means a fact that, if proved, may affect a Department's decision whether to affirm, modify, or withdraw any condition or prescription.
Modified condition or prescription
means any modified condition or prescription filed by a Department with FERC for inclusion in a hydropower license.
NEPA document
means an environmental assessment or environmental impact statement issued to comply with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321
et seq.
OEPC
means the Office of Environmental Policy and Compliance, Department of the Interior, 1849 C Street NW., Mail Stop 2462, Washington, DC 20240, telephone 202-208-3891, facsimile number 202-208-6970.
Party
means, with respect to DOI's hearing process under subpart B of this part:
(1) A license party that has filed a timely request for a hearing under:
(i) Section 45.21; or
(ii) Either 7 CFR 1.621 or 50 CFR 221.21, with respect to a hearing process consolidated under § 45.23;
(2) A license party that has filed a timely notice of intervention and response under:
(i) Section 45.22; or
(ii) Either 7 CFR 1.622 or 50 CFR 221.22, with respect to a hearing process consolidated under § 45.23;
(3) Any bureau whose preliminary condition or prescription has been filed with FERC; and
(4) Any other Department that has filed a preliminary condition or prescription, with respect to a hearing process consolidated under § 45.23.
Person
means an individual; a partnership, corporation, association, or other legal entity; an unincorporated organization; and any Federal, State, Tribal, county, district, territorial, or local government or agency.
Preliminary condition or prescription
means any preliminary condition or prescription filed by a Department with FERC for potential inclusion in a hydropower license.
Prescription
means a fishway prescribed under FPA sec. 18, 16 U.S.C. 811, to provide for the safe, timely, and effective passage of fish.
Representative
means a person who:
(1) Is authorized by a party to represent the party in a hearing process under this subpart; and
(2) Has filed an appearance under § 45.10.
Reservation
has the same meaning as the term “reservations” in FPA sec. 3(2), 16 U.S.C. 796(2).
Secretary
means the Secretary of the Interior or his or her designee.
Senior Department employee
has the same meaning as the term “senior employee” in 5 CFR 2637.211(a).
You
refers to a party other than a Department.
- Cross-references to the US Code
- 16:79116:79616:79716:81116:823d.42:43215:3105
- Cross-references to the CFR
- 18:385.10245.10.45.2145.22.45.2345.23.50:221.2150:221.225:2637.2117:1.6217:1.622